New York Lawyer
March 17, 2005

Q:
Can you please explain why and how it is possible that the legal community continues to be one of the most segregated industries in the nation?

I first noticed this problem while attending law school in Texas in the summer of 1997. It seemed that people did not believe that I had the intellect to be there. Surprisingly, after seeing my performance in the classroom, I earned the respect of both professors and classmates alike, but why should only the non-white students have to feel this way?

Upon returning to New York to take the bar and look for a job, I encountered similar treatment during my quest for employment. As is well documented, New York has a horrible track record when it comes to non-white attorneys, but nothing is done! After getting a job, I once again encountered the same treatment from opposing counsel and judges. "Excuse young man, is your lawyer here?"...."This is the attorney entrance, you must go through the other entrances."

For a long time, some of my black colleagues and I thought about leaving the practice, because the treatment was just the pits. I must say, I have lost a lot respect for our judicial system based on my experiences over the past 5 years. I had one partner say to me during an interview, "I already have black clients, why should I hire you?" I was floored, but I am sure that I was not the first person he's said that to. Articles have been written, studies conducted, and the result continues to be the same. At what point will this problem be addressed? White males make up the smallest number of law students, next to black men, but somehow they seem to get the most and best offers or positions. Merit? I doubt it! Women make up the largest percentage of college student students, however, that fact is not reflected in the workforce, the courtroom, or anywhere else.

I hate feeling like "Kevin Hill" every time I have to make a court appearance. The judges and attorneys stare as if I am part of the entertainment for the day. This is 2005, not 1905, so why isn't more attention being given to this very serious issue? Could you please shed some light on the matter for myself and other readers who might be suffering from this epidemic?

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A:

It is absolutely true that the legal industry has made minimal progress with respect to minorities. I have written about this in the past. The good news is that this is starting, ever so slowly, to change. Here's why - more and more general counsel in big companies are starting to demand diversity within their outside legal teams, and to measure law firms' performance based on whether they are in fact diverse. If not, that is a factor in how they are judged, and they could be downgraded as a result.

However, that effort is only beginning, and we still have a long way to go within our profession in this regard. Just look at the stats: in 1993, minorities were 2.55% of partners; in 2004, they comprised a whopping 4.32%.

Some of the issues you touch on - added scrutiny; lack of legitimacy (that people don't think you're a lawyer at first); outdated assumptions (that the reason to hire you would be to attract black clients) - are often features of minority attorney's professional lives.

Those who don't experience such problems sometimes don't really believe the problems exist. There is a general sense that these issues have been solved, and that anyone who complains about them is a whiner and complainer. There's also "cause fatigue," in which people may acknowledge these things exist but just are tired of hearing about it. It's not fashionable so it doesn't get much attention.

So what can you do? Whole books have been written on this topic and I won't pretend to cover all the ground in a short column, but here are some thoughts.

Some ideas are bigger and more institutional in nature. You can push your associates committee to insist on a diversity program that has measurable goals, with accountability for supervisors (in other words, a "real" program with negative consequences for those who don't participate properly). You can push in your workforce for as many systems as possible - coaching, work assignments, mentoring, etc. -- that will help cut down on the informality that tends to enshrine the status quo. When we let the chips fall where they may, inevitably they fall in familiar patterns. You can also form and use support groups, which serve the useful purpose of providing ideas for getting through the day, not to mention contacts.

There are also smaller scale ideas. Often, resolving these issues on a day-to-day basis comes down to our own willingness to practice what I call "smart politics." That's office politics with a twist - intended to deal with problems in a smart, reasoned, strategic way, and in a manner that allows you to retain your self respect. One effort is to stockpile immediate comebacks for people who make idiotic comments to you. For those who assume you are not a lawyer, as in your example, simply say firmly, "I am a lawyer," and look them in the eye. They will think twice the next time they blithely assume a minority is not a lawyer.

With additional scrutiny (a frequent complaint), work on yourself a little bit. Part of the reason people are staring is because they don't see many minorities and they're interested, not necessarily critical. Steel yourself to get through the initial few minutes where people are paying closer attention, do a good job and they'll get over it.

There are many, many other ways of coping and managing this tricky and frustrating situation, and I hope readers will share some of them. I also hope that you continue to persevere - your concerns are real, and I do believe that there are ways that this unfortunate state of affairs can be eased.

Sincerely,
Holly English